I recently purchased a property in California. The end of my driveway is also used by an adjacent property, though that house is actually located around the corner, on a different street. The shared driveway is used to gain access to the back of their lot, where their garage is located. Technically, their property is not landlocked. The title company found no documented easement on either parcel. Is it possible to terminate this type of undocumented easement? I would like to fence in the rest of the driveway and pave it, to provide me with sufficient space to turn my vehicle around so I do not have to back out of my driveway onto the street (which I feel is unsafe). Any suggestions? Thank you!
Dear West Sacramento,
As an attorney who has litigated this type of "driveway dispute" under Florida law, I can tell you that there is no simple answer to this type of legal question. The answer to your question (unfortunately) requires research into the legal history of the properties as well as the historical use of the disputed areas by the property owners. A title report and boundary survey are often necessary to analyze the question. If at all possible, any agreement between you and the neighboring property owner that resolves the issues should be reduced to writing, reviewed by an attorney for legal correctness and recorded in the official property records of your county. It is highly advisable to seek advice from an attorney licensed in California to handle real estate matters.
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